FIDIC / Legal Reference: UAE Civil Code Articles 880-883
A 10-year strict liability imposed on contractors and engineers under UAE law for defects in buildings and civil works that threaten the stability or safety of the structure. Decennial liability applies regardless of any contractual limitation of liability clauses — it is a mandatory provision of UAE law that cannot be excluded by contract.
What it means in practice
UAE Civil Code Article 880 provides that the contractor and the supervising architect who delivers a building or other fixed structure are jointly liable to the employer for structural defects that appeared within 10 years of delivery. The liability period runs from the date of delivery, not from the date of discovery of the defect.
Article 880 liability is strict — the employer does not need to prove negligence or fault. The contractor and engineer are jointly and severally liable. Article 883 limits the right to claim to 3 years from the date of discovery — creating a 10-year window during which defects may appear, and a 3-year prescription period within which claims must be brought.
Where disputes arise
Decennial liability claims are significant in UAE construction — particularly for high-rise residential buildings, bridges, and marine structures. Contractors and engineers who completed projects 5-9 years ago may still face claims. The joint and several nature of the liability means the employer can pursue either party independently.
UAE Context
UAE insurance market products for decennial liability are available but are not always adequately priced or understood by contractors. All contractors and engineers working on UAE structures should ensure they have decennial liability insurance coverage for the 10-year exposure period.
Related terms
Decennial liability claims require specialist structural engineering expertise and UAE law knowledge. e-Basel provides expert witness and advisory services for decennial liability disputes in the UAE.
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